The Federal Court of Canada: A History, 1875-1992

Louis A. Knafla is a professor of history at the University of Calgary,
the co-editor of Law, Society, and the State: Essays in Modern Legal
History, and the author of Lords of the Western Bench.

The Federal Court (formerly known as the Exchequer Court of Canada) has
been one of the most underresearched courts in Canada. The Canadian
Exchequer was primarily a court that heard disputes involving the
Dominion government, admiralty, and tax matters. Only in the mid–20th
century did it begin to emerge as an administrative appeal court. Even
then, it remained as unknown to the legal profession as it was to the
general public.

Professor Bushnell is uniquely suited to write the first history of the
court. An expert in Canadian legal history, he wrote The Captive Court:
A Study of the Supreme Court of Canada (1993), which stands as one of
our country’s major court histories. The Federal Court of Canada meets
the exacting standards set by that work. This book’s major themes
include a model of judicial decision making that stems from an
exhaustive history of the court’s judges; the changing role of the
court in the legal system, including its relationship with the Supreme
Court of Canada; and the evolution of the court’s “national”
character. The book is divided into three chronological parts:
1875–87, 1887–1971, and 1971–92. Particularly strong is
Bushnell’s account of the court in the latter period under Wilbur Roy
Jackett, Arthur Louis Thurlow, and Frank Iacobucci.

Oral interviews supplement the legal record, and there is an index of
cases, names, and terms as well as an appendix of the judges and
interviews recorded. The Court itself should be proud of this history.